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2nd Amendment 01/18/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: February 22, 2023 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Nicole Twyman Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: January 18th BOCC Meeting The following item has been executed and added to the record: C17 2nd Amendment to the Interlocal Agreement(ILA) with the City of Key West to contribute to the cost for the new Dennis Street pump station which will handle stormwater from Bertha Street. This Amendment to the ILA amends Attachment A to allow for periodic payments by the County based on construction completed in lieu of substantial completion of the construction. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 2nd AMENDMENT TO INTERLOCAL AGREEMENT FOR ENGINEERING DESIGN,PERMITTING AND CONSTRUCTION SERVICES FOR DENNIS STREET PUMP STATION(KEY WEST)PROJECT THIS 2nd AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into as of this 18'day of January 2023, between Monroe County, a political subdivision of the State of Florida, (hereinafter the COUNTY), and the City of Key West, a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter the CITY). WHEREAS, The COUNTY and CITY entered into an Interlocal Agreement for Engineering Design, Permitting and Construction Services for Dennis Street Pump Station on February 19, 2020 (ILA), which was amended on March 17, 2021; and WHEREAS, the ILA indicates that the COUNTY will pay the CITY progress payments but Attachment A indicates that payment will be made at substantial completion; and WHEREAS,the pump station is operating and the COUNTY is preparing to tie in to the pump station and begin using it but substantial completion has not been achieved due to some final outstanding items in the construction contract; and WHEREAS,the COUNTY wishes to reimburse the CITY for its percentage share of the capital construction cost of the work completed to date; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree to amend the ILA as follows: 1. Attachment A Paragraph 1.8 shall be amended to state that payment shall be made by periodic progress payments based on work completed in accordance with paragraph 4 of the ILA in lieu of upon substantial completion of the construction of the Pump Station. 2. The ILA dated February 19, 2020, amended March 17, 2021, and as amended herein, shall remain in full force and effect. REMAINDER OF PAGE LEFT BLANK 2nd Amendment Key West Interlocal Agreement-Dennis Street Pump Station January 18,2023 1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BOARD OF 1,1; TY COMMISSIONERS OF MON'� r OUNTY. .wv 0' r'A nfMG 'a: .4L. . T '` f..',�7+ ';- r ,, By: ' •- f:� !' ,�fefe �' Mayor rai_ ates ii " , 4 yr ,„ -54,,,,A) N 11/4 w -- Al3r:i# ' `i si,' MONROE COUNTY ATTORNEY > 1 1PPA VkD AS TO FO re r 1 '`' DOK, Clerk r�` ego 9M `,n z6 CHRISTINE LIMHERT•I3ARROWS ASSISTANT COIjNTY TTORNEY V,(AV 74-11()Or ,DATE' Z/13/�3 By: As D iuty Clerk CITY OF KEY WEST,--F )ORIDA "Ss , '' / / . .,, -)-- / is S- n f By: / / ! f '�,. a ',.-�r a.�-�;:''s� a Mayor ,° , ),...) :_—_,,, 1 , ti ,I`=_ !' iti, � .. rn ca, ;-n' CO .,. C),C) IN, 2. ram. —i .; :C fun .. .. Cil at 2nd Amendment Key West Interlocal Agreement-Dennis Street Pump Station January 18,2023 2